TERMS OF USE
Thank you for visiting the OAA-SYS.com (the “Site”), a service of Chocolate Software,
LLC (“Chocolate Software”). This website hosts multiple instances of the OAA-SYS
software application for OAA-SYS clients. Please make sure that you are connected
to the correct client site before entering your account information.
That client provides the materials on each client’s subdomain. For information about
that client’s business, terms of use, and privacy policy, please see either the
material provided on the client’s site and/or on the client’s website.
This website and its contents are provided “AS IS” without warranty of any kind,
either expressed or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose, or non-infringement.
Chocolate Software is not responsible for any third-party content that may be accessed
through this website, including that of our clients if you access a client’s subdomain
through the OAA-SYS.com domain. Any reference to third-party information, products,
or services linked to this website does not constitute an expressed or implied endorsement
by Chocolate Software. This includes any links to individuals that provide additional
services to clients and each client’s individual site. In addition, any links to
individuals or other business does not imply a partnership with those businesses.
You are advised to do your own research to see if the agency is a good fit for your
business.
You may use the OAA-SYS.com site only as permitted by these Terms of Use and only
in a manner consistent with all applicable local, state, and federal laws, rules,
and regulations, and generally accepted practices or guidelines in relevant jurisdictions,
including any laws governing the export of data to or from the United States. We
reserve the right to take measures to prevent any such activity. You further agree:
(a) not to harvest or collect email addresses or other contact information of other
users by electronic or other means for the purposes of sending unsolicited emails,
or other unsolicited communications; (b) not to use this Site in any unlawful manner
or in any other manner that could damage, disable, overburden, or impair the Site;
(c) not to use automated scripts to collect information from or otherwise interact
with the Site; (d) not to forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal you send to us on or through
the Site or any service offered on or through the Site; and/or, (e) not to impersonate
or pretend that you are any other person or falsely claim you represent another
person.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL
CHOCOLATE SOFTWARE OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. NEITHER CHOCOLATE
SOFTWARE, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE
THAT CHOCOLATE SOFTWARE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL CHOCOLATE SOFTWARE,
OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE
OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CHOCOLATE SOFTWARE, NOR ITS AFFILIATES,
INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY
OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION
INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES. SHOULD YOU HAVE ANY ISSUES WITH THE
AGENCIES THAT USE THIS SITE, YOU MUST CONTACT THE AGENCY DIRECTLY FOR ANY RECOUSE.
USE OF THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
CHOCOLATE SOFTWARE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 OR THE AMOUNT PAID
TO CHOCOLATE SOFTWARE, WHICHEVER IS GREATER. YOU ACKNOWLEDGE THAT IF NO FEES ARE
PAID TO CHOCOLATE SOFTWARE BY YOU, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND
FROM CHOCOLATE SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION.
By using this Site, you agree that the laws of the State of Colorado, without regard
to principles of conflict of laws, will govern any dispute of any sort that might
arise between you and Chocolate Software. You agree not to commence or prosecute
any action in connection therewith other than in the state and federal courts of
Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses
of lack of personal jurisdiction and forum non conveniens with respect to, venue
and jurisdiction in the state and federal courts of Colorado. In the event that
litigation results from or arises out of this Agreement or the performance thereof,
you agree that should Chocolate Software prevail, you will reimburse Chocolate Software’s
reasonable attorney's fees, court costs, and all other expenses, whether or not
taxable by the court as costs, in addition to any other relief to which Chocolate
Software may be entitled, including, but not limited to, any costs of collection.
Chocolate Software shall have the right to monitor the content of the Site at all
times, including viewing of any personal information in your account on the Site,
to determine compliance with this Agreement and any operating rules established
by Chocolate Software, as well as to satisfy any applicable law, regulation, or
authorized government request. Without limiting the foregoing, Chocolate Software
shall have the right to remove any material that Chocolate Software, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
PRIVACY POLICY
General
Chocolate Software has established this privacy policy to explain to you how your
information is protected, collected, and used. Chocolate Software may update this
policy at any time.
Personal Information
All personal information, including documents uploaded to the OAA-SYS.com site,
are available for viewing by Chocolate Software staff for purposes of providing
services to both you and Chocolate Software’s clients. While Chocolate Software
does not use the information uploaded for any purpose except to provide services
to our clients, each client has its own privacy policy and, upon submission of any
information through the OAA-SYS.com website, may use your information in different
ways according to its privacy policy.
Data Chocolate Software Collects
Chocolate Software may collect your name, business name, email address, physical
address, and phone number if you submit information through the contact form or
email information to Chocolate Software.
Weblogs
Chocolate Software’s web logs collect standard web log entries for each page served,
including your IP address, page URL, and timestamp. Web logs help the Chocolate
Software diagnose problems with our server, to administer the OAA-SYS.com website,
and to otherwise provide OAA-SYS.com’s products and service to you.
External Links and Third-Party Websites
Our website contains links to external websites that do not fall under our domain.
We are not responsible for the privacy practices, security or content of these websites.
This includes individuals who perform other business services.
Please be aware that other websites that can be accessed through our website may
collect personal information about you. You are solely responsible for maintaining
the secrecy of your passwords or any other personal information. While we are committed
to protecting your privacy while you visit our website, the Chocolate Software does
not ensure or warrant the security of any information you transmit to us or via
our website to another one.
Google Analytics
This website may use Google Analytics, a web analytics service provided by Google,
Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on
your computer, to help the website analyze how users use the website. The information
generated by the cookie about your use of the website (including your IP address)
will be transmitted to and stored by Google. Google will use this information for
the purpose of evaluating your use of the website, compiling reports on website
activity for website operators and providing other services relating to website
activity and Internet usage. Google may also transfer this information to third
parties when required to do so by law, or when such third parties process the information
on Google’s behalf. Google will not associate your IP address with any other data
held by Google. You may refuse the use of cookies by selecting the appropriate settings
on your browser, however please note that if you do this you may not be able to
use the full functionality of this website. By using this website, you consent to
the processing of data about you by Google in the manner and for the purposes set
out above.
Should you have any further questions regarding our privacy policies and procedures,
please feel free to email info@oaa-sys.com.